General Provisions
While using Services provided by 123WebHost you agree to the following terms and conditions.

Definitions

Customer Use of Services

1. Customer Security Obligation:
   Each Customer must use reasonable care in keeping each VPS account or dedicated server and/or network devices attached to 123WebHost infrastructure up-to-date and patched with the latest security updates. Failure to use reasonable care to protect a server may result in a security compromise by outside sources. 123WebHost is not responsible for Customer server level security unless a security administration package, firewall security administration package or fully managed operating system package is contracted for and maintained. A compromised server creating network interference will result in immediate Customer notification and will be disconnected from the network immediately so as to not directly affect other Customers. No service credits will be issued for outages resulting from disconnection due directly to breached server security. The Customer is solely responsible for any breaches of security affecting servers under Customer control, including repairing the system, terminating the account(s) of the abusive user(s), and reporting occurrence of the issue to 123WebHost by email. If a Customer intentionally creates a security breach, the cost to resolve any damage to Customer's server or other servers will be charged directly to the Customer. The labor used to resolve such damage is categorized as emergency security breach recovery and is currently charged at $80.00 GBP per hour.
   
2. Disk Space, Client Content, and Bandwidth Usage:
   123WebHost offers server space to its VPS hosting clients. Disk space cannot be increased. We reserve the right to not host any website that consumes more than the disk space or bandwidth coming with the hosting plan client signed up for. Owners of VPS plans are welcome to resell hosting accounts. Client agrees that webpages and files uploaded to our servers will not violate any state, federal or foreign laws or regulations; infringe on any intellectual property rights of 123WebHost or any third party; be defamatory, slanderous or trade libelous; be threatening or harassing; be discriminatory based on gender, race, age; promote hate; or contain viruses or other computer programming defects which result in damage to 123WebHost or any third party. Customers may not run IRC bots or clients. Unacceptable uses of our service also include: Bulk emailing, unsolicited emailings, newsgroup spamming, copyrighted MP3s, illegal content, illegal adult content (e.g. showing minors), copyright infringement, trademark infringement, warez, cracks, or software serial numbers. 123WebHost will be the sole and final arbiter as to what constitutes a violation of this policy.
   123WebHost offers a set amount of data transfer per VPS plan or server. Bandwidth is calculated by calendar month. Bandwidth cannot be combined with multiple plans or servers. Bandwidth overcharge is priced at $28 per 50 GB. Customer is solely responsible for monitoring his/her bandwidth usage.
   
3. System and Network Security:
   Violations of system or network security are strictly prohibited, and may result in criminal and civil liability. 123WebHost investigates all incidents involving such violations and will cooperate with law enforcement if a criminal violation is suspected.
   Examples of system or network security violations include, without limitation, the following:
   - Introduction of malicious programs into the network or server (example: viruses, worms, Trojan Horses, key loggers, and other executables intended to inflict harm).
   - Effecting security breaches or disruptions of Internet communication and/or connectivity. Security breaches include, but are not limited to, accessing data of which the Customer is not an intended recipient or logging into a server or account that the Customer is not expressly authorized to access. For purposes of this section, "disruption" includes, but is not limited to port scans, flood pings, email-bombing, packet spoofing, IP spoofing and forged routing information.
   - Executing any form of network activity that will intercept data not intended for the Customer's server.
   - Circumventing user authentication or security of any host, network or account, including “cracking.”
   - Running IRC bots or clients
   - Interfering with or denying service to any user, host, or network other than the Customer's host (example: denial of service attack or distributed denial of service attack).
   - Conduct designed to avoid restrictions or access limits to specific services, hosts, or networks, including but not limited to the forging of packet headers (“spoofing”) or other identification information.
   - Using any program script/command, or sending messages of any kind, designed to interfere with or to disable, a user's terminal session, via any means, locally or via the Internet.
   
4. No "Spam":
   UCE/UBE or "Spam" originating from a 123WebHost account, or associated with a 123WebHost account, is not tolerated. This includes any e-mail that promotes web sites hosted on a 123WebHost account but is sent from an e-mail address not associated with that 123WebHost account. Client shall not use their 123WebHost services for chain letters, junk mail, bulk-email, or any use of distribution lists to any person who has not given specific permission to be included in such a process. In the absence of positive, verifiable proof to the contrary, which must be provided before the mail campaign is initiated, 123WebHost considers complaints by recipients of emails to be de-facto proof that the recipient did not subscribe or otherwise request the email(s) about which a complaint was generated. 123WebHost reserves the right to deactivate or terminate any account(s) upon any indication of such activity without notice. There will be a $140 clean up fee if an account was suspended for policy violation.
   
5. False Information:
   False Information. Client agrees not to post false or inaccurate information to news groups in violation of the news groups' rules and regulations. If any news groups or service providers contact 123WebHost concerning unethical, false or unlawful activities by you, 123WebHost reserves the right to terminate your service without notice.
   
6. Licensed Software Only:
   Client agrees to use only properly licensed third party software in connection with Client's use of the Services.
   
7. Back-Up Files:
   123WebHost will make every reasonable effort to protect and backup data for Client on a regular basis if backups are part of a specific package, however 123WebHost does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, client is solely responsible for independent backup of data stored on Providers server and network. There is a one time fee of $100 for our Administrator to retreive client's individual back-up files.
   
8. 99.9% Network Uptime:
   123WebHost has a 99.9% average uptime across our entire network at large, which includes webservers, mailservers, and more - as a whole. If a single server is temporarily offline, the rest of the 123WebHost servers remain unaffected and uninterrupted, thus contributing to our overall uptime.
   
9. Domain Name Registration:
   123WebHost uses eNom and Register.com for domain name registrations. There is a fee for new domain name registrations. (Domains do not need to be transferred to our registrars for the sites to be hosted with 123WebHost.)
   

Right to Refuse Service
At its sole discretion, 123WebHost has the right to refuse any and all service or services to any applicant, customer, client whether it be an individual or legal entity.

Payment Obligations, Renewals, and Cancellations

1. Payment Obligations:
   Full payment is required in advance, before services are established. You will immediately pay, upon receiving an electronic invoice from BASIC Networks Corp., all charges for your use of the Services at the then current 123WebHost prices for that category of service or any special offer applicable to your account as determined by 123WebHost. You grant BASIC Networks Corp. the right to debit the credit card or bank account via our online credit card billing, PayPal, or Direct Debit from your bank account, depending on the form or payment and currency you choose to pay in. You will be billed until the service is cancelled by you in writing (e-mail with username and password verification or FAX) or is cancelled by 123WebHost according to terms of this Agreement. You warrant and represent that the information you supply in the Order Form (or other information that 123WebHost may require) is accurate and truthful. All payment-due notices will be send by electronic mail. No bills or invoices will be sent by postal mail or FAX. Credit cards that are declined for any reason or Paypal payments that are either rejected or not made when Services are invoiced are subject to an additional processing fee. Service can be immediately interrupted on any account that is unpaid. 123WebHost's usual grace period is 5 days. Service interrupted for non-payment is subject to a $25 suspension charge. Any suspended account will be terminated within 20 days after payment due date if no payment is received within this time. Accounts that are not collectable by BASIC Networks Corp. may be turned over to an outside collection agency for collection. If you account is turned over for collection, you agree to pay the company an additional "Collection" fee of not less than $50 nor more than $150.
   Your VPS account or dedicated server comes with a set bandwidth allotment (usually 300 GB to 500 GB for VPS accounts and 1000 or 1500 GB for dedicated servers). This represents the amount of bandwidth that you are allowed to use for each calendar month. If you exceed this allotment for any reason in any calendar month, even if you have cancelled service with 123WebHost during the month, you will be charged overage bandwidth at a rate of $28 per 50 gigabytes. Bandwidth billing is done in arrears, and you will receive your bill for overage bandwidth during the first week of the following month that the overage occurred. It is your responsibility to monitor your bandwidth usage and to pay for all overages.
   *All payments to BASIC Networks Corp. are nonrefundable* and include any applicable setup fees and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time that the dispute occurred. If you dispute a charge to your credit card issuer that, in BASIC Networks' sole discretion, is a valid charge under the provisions of this Agreement and/or AUP, you agree to pay Layered Technologies an additional "Investigation Fee" of $50.00.
   
2. Renewals:
   Your account will be automatically renewed under the same time and fee structure unless you give written notice to 123WebHost ten (10) days before the renewal date that you do not wish to renew such account.
   
3. Cancellation:
   You may cancel at anytime but need to be received at least 10 days before the anniversary billing date. There is no Money Back Guarantee for VPS or dedicated server services. All cancellations must be received in writing as per the deadlines indicated by e-mail or FAX. Cancellations will be processed by our staff on a daily basis.
   

Disclaimer of Warranty
You agree to use the Services and any information obtained through or from 123WebHost at your own risk. You acknowledge and agree that 123WebHost exercises no control over, and accepts no responsibility for, the content of information passing through 123WebHost's host computers, network hubs, points of presence or the internet. THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN AS IS, AS AVAILABLE BASIS. 123WebHost MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICES IT PROVIDES. 123WebHost MAKES NO WARRANTIES THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR-FREE OR THAT ANY RESULTS OBTAINED FROM THE USE OF SERVICES IS ACCURATE AND RELIABLE. 123WebHost EXPRESSLY DISCLAIMS ANY LIABILITY FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM CUSTOMER OR STORED BY CUSTOMER OR ANY OF CUSTOMER'S CUSTOMERS VIA THE SERVICES PROVIDED BY 123WebHost. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY 123WebHost PERSON WILL CREATE ANY WARRANTY OR MAY YOU RELY ON SUCH INFORMATION OR ADVICE. The terms of this Section will survive any termination of this Agreement.

123WebHost is not responsible for any interruption in service or down time that may occur, whether due to external network disruptions or negligence of 123WebHost. This includes loss of data resulting from delays, non-deliveries, wrong delivery, equipment failure and any and all other service interruptions caused by 123WebHost.

Limitation of Liability
You agree that 123WebHost will not be responsible for any losses that may incur where Services are accessed by third-parties through illegal or otherwise unauthorized means, including but not limited to situations where data is accessed through the exploitation of security gaps, weaknesses or flaws (whether known or unknown to 123WebHost at the time) which may exist in the Services or in 123WebHost's equipment used to provide the Services.

Under no circumstances will 123WebHost be liable for any consequential, indirect, incidental, special or punitive damages, or loss of profits, revenue, data or use by Customer, any of its customers, or of any other third party, whether in an action in contract or tort or strict liability or other legal theory. 123WebHost will not be liable to Customer, any of its customers, or any other third party, for any loss or damages that result or are alleged to have resulted from the use of or inability to use the Services, or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, viruses, defects, delays in operations, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to 123WebHost's records, programs, equipment or services.

Notwithstanding anything to the contrary in this Agreement, 123WebHost's maximum liability under this Agreement for all damages, losses, costs and causes of actions from any and all claims (whether in contract, tort, including negligence, quasi-contract, statutory or otherwise) will not exceed the actual dollar amount paid by Customer for the Services which gave rise to such damages, losses and causes of actions during the 12-month period prior to the date the damage or loss occurred or the cause of action arose.

This limitation of liability reflects an informed, voluntary allocation between the parties of the risks (known and unknown) that may exist in connection with this Agreement. The terms of this Section will survive any termination of this Agreement.

Indemnification
Customer agrees to indemnify, defend and hold harmless 123WebHost, its officers, directors, employees, shareholders and agents from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party arising out of or relating to (i) Customer's use of the Services, (ii) any breach by Customer of this Agreement, or (iii) any acts or omissions of Customer. The terms of this Section will survive any termination of this Agreement.

Force Majeure
123WebHost will not be liable for failure or delay in performing it obligations if such failure or delay is due to circumstances beyond its reasonable control, including but not limited to acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the Services.

Disclosure of Customer Information and Legal Process
Although 123WebHost maintains strict confidentiality on Customer's information, there are certain exceptions in which 123WebHost may disclose information in its possession, including but not limited to information about the Customer's internet transmissions and website activity in order to comply with court order, subpoena, discovery request, warrant, statute, regulation or official governmental requests. 123WebHost has no obligation to notify Customer about whom the information is sought or that 123WebHost has provided the information. Customer acknowledges the above exceptions and agrees to them without reservation.

Governing Law; Jurisdiction; Arbitration
In the event of recourse to legal action, both parties agree to submit to personal jurisdiction in the state of BASIC Network Corp.'s incorporation, and the agreement shall be governed by the law of that state. An award rendered in connection with arbitration pursuant to this Section shall be final and binding upon the parties. The parties agree that the award of the arbitral tribunal will be the sole and exclusive remedy between them regarding any and all claims and counterclaims between them with respect to the subject matter of the arbitrated dispute. The terms of this Section will survive any termination of this Agreement.

Assignment
Customer will not have the right to assign this Agreement without the prior written consent of 123WebHost.

Entire Agreement; Severability
This Agreement represents the entire agreement between the parties, and supersedes all previous representations, understandings or agreements. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this Agreement will remain in full force and effect.

Customer hereby represents that he, she or it, is either an individual entering this Agreement for his or her personal use and is over 18 years of age, or is a corporation other legal corporate entity, duly organized, validly existing and in good standing under the laws of the state of its organization and the person acting on behalf of Customer is duly authorized to accept, execute and deliver this Agreement on behalf of Customer.